Divorce Property Settlement
The client has been separated from their husband for about six months and is currently residing in New South Wales. They are seeking a divorce and are particularly concerned with property division, as they co-own a house with their husband but have left most of their belongings there. The client wishes to sell the house and recover their belongings, having made financial contributions to it. A domestic situation prompted the client's relocation, while their son remained with the husband. The client is unconcerned about custody, as their son is comfortable living in both residences.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights regarding the division of assets, especially considering I left due to domestic circumstances and my name is on the house?
In Australia, the Family Law Act 1975 governs property division after separation. Since your name is on the house, it is regarded as a joint asset that will be divided. The courts aim for a fair distribution, taking into account both financial and non-financial contributions to the marriage. Your case, involving domestic circumstances, may influence the division, as courts recognize the context of separation. Contributions made prior to leaving, including non-financial ones, will be reviewed under Section 79 of the Family Law Act.
How can I ensure a fair distribution of our shared property and assets, even though my husband has been paying most of the bills since I left?
Under Australian family law, property division focuses on fairness rather than just financial contributions. Non-financial contributions, such as homemaking and caregiving, are also significant in determining a just settlement. To promote fair distribution, compile documentation regarding your contributions, both financial and non-financial. Engage in mediation or seek legal assistance to draft a proposal that considers these elements.
What legal steps should I take to retrieve my belongings from the house?
To recover your belongings, attempt to negotiate an agreement with your husband. If negotiations fail, you may need to seek a recovery order from the Family Court to compel the return of your possessions. Considering the background of domestic circumstances, you may involve law enforcement or support services for assistance during this process. Legal advice may be beneficial for guidance and drafting any necessary correspondence.
Can I request the sale of the house, and how would the proceeds be divided?
You can request the sale of the house through the Family Court if an agreement cannot be reached. The court typically evaluates contributions, both financial and non-financial, alongside future needs when determining the property settlement. Proceeds will be divided equitably, which may not mean equal distribution, considering all relevant factors.
What should I consider when arranging a child custody agreement that allows our son to live at both places?
When creating a child custody agreement for shared living arrangements, develop a parenting plan prioritizing your son's needs. The plan should specify custody arrangements, including time division between households and educational commitments. This must align with the Family Law Act 1975, which underscores the child's best interests.
